Date post: | 07-Apr-2017 |
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Personal Injuries Caused by Dangerous Products
A presentation brought to you by our personal injury attorneys in Los Angeles
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Injuries Caused by Dangerous Products in California
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Sometimes products that have been manufactured poorly can become dangerous.
An individual who suffered a personal injury caused by a dangerous product will base his case on the manufacturer’s strict liability towards the client and his responsibility to label the product accordingly.
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Examples of Dangerous Products
In a strict sense, dangerous or hazardous goods are products, liquid, solid or gas, that can harm an individual or the environment.
For the purposes of a personal injury case, this definition can extend to a product that is manufactured in such a way that it becomes dangerous under certain conditions of which the buyer/user was unaware.
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Liability for Injuries Caused by Dangerous Products
The manufacturer of the product is the one liable if a customer is injured using the product, harmed in any way or suffers damages.
This is a strict liability rule and, while it may seem that the distributor or manufacturer is liable regardless of the customer’s behaviour, certain exceptions do apply.
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Negligence in Personal Injury Cases Involving Dangerous ProductsA personal injury case in which the plaintiff was injured while using a product that proved to be dangerous will most likely rely on proving the negligence of the manufacturer.
The behaviour of the defendant is also important. If he or she was using the product in a specifically forbidden manner or he/she was behaving unreasonably, then the blame for the accident can be split between the two parties.
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Product Liability in California
In order to prove his case, the plaintiff will need to present evidence supporting the fact that the manufacturer is liable for the accident.
For a strict liability case, the plaintiff must prove that the product was indeed dangerous and was not labelled as such or it was sold in a dangerous condition and it produced significant bodily injuries or property damage.
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Statute of Limitations in California
The amount of time during which individuals can bring a case to court for a personal injury that occurred in Los Angeles, San Diego, Riverside or another city in California is two years from the date of the injury.
Those injured by dangerous and/or defective products must bear in mind that they must observe this statute of limitations.
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The Comparative Negligence Rule in California
The state of California allows for the comparative negligence rule to apply to personal injury cases when determining the legal fault for the accident.
In a personal injury lawsuit involving dangerous products, this means that the defendant may argue that his product was improperly used by the plaintiff and otherwise it wouldn’t have been dangerous.
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Compensations for Injuries Caused By Dangerous Products
The most common types of compensations awarded for personal injury cases involving dangerous products are monetary ones.
The plaintiff can ask for damages for medical bills, subsequent treatment and/or the property damages suffered after using the product that proved to be dangerous.
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Assistance for Filing a Dangerous Product Claim in California
Our personal injury lawyers in Los Angeles can help you with more information and an evaluation of your case if you have been injured while using a product.
You can contact our attorneys for more details about laws in California.
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Thank you for your attention!
For more information please contact us at:
(+44)203-287 0408 (for international clients)[email protected]
http://www.lapersonalinjuryattorney.net/